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Lived experiences of attorney ethical dilemmas related to technology in their profession: A phenomenological study

Posted on:2017-11-04Degree:Ph.DType:Dissertation
University:Capella UniversityCandidate:Baten, Alexandra TeresaFull Text:PDF
GTID:1465390011995483Subject:Criminology
Abstract/Summary:
The use of technology is prevalent in the practice of law. In this study, attorneys' experiences related to the ethical dilemmas generated by the use of technology in their profession were explored. Twelve attorneys practicing in South Carolina served as the present study's participants. The application of Clark Moustakas's (1994) transcendental phenomenological method yielded rich descriptions, which resulted in several themes that represented the phenomenon under investigation. These themes encompassed attorneys' perceptions as to what technology means to them and how it is utilized in their profession. It was further discovered through these themes that technology enhanced the practice of law, possibly produced advantageous outcomes, and so forth. Subsequent themes revealed that the use of technology in the legal profession was potentially dangerous, threatened privacy, and created a false sense of urgency as well as generated obstacles to effective communication. Additionally, this study's themes exhibited that the majority of attorneys perceived that their code of ethics, the Model Rules of Professional Conduct, were sufficient pertaining to the establishment of ethical directives for the overall practice of law but that the rules did not sufficiently address the profession's use of technology and that they were lagging behind technological advancements. Concurrently, the results indicated that attorneys perceived that the ambiguous rules regarding their profession's utilization of technology generated ethical dilemmas and that mandatory continuing legal education courses that specifically address the use of technology would be beneficial to the profession.
Keywords/Search Tags:Technology, Profession, Ethical
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